MNRF received applications for the same pit from Milne Aggregates and Lempiala Sand & Gravel.
THUNDER BAY — Two companies wanted to excavate aggregate in the same pit near Hawkeye Lake, but only one company's application was accepted.
The next year, Lempiala appealed the MNRF's decision to Divisional Court, the branch of Superior Court that reviews government action in Ontario. Although the court dismissed Lempiala's request to order the ministry to consider the company's own application, it quashed the MNRF's finding that Milne's initial application was complete, ordered it to pay Lempiala's court costs of $30,000, and remitted the matter back to the ministry for reconsideration.
Lempiala then returned to Divisional Court, this time seeking a judicial review on the basis that the MNRF's explanation for not sticking to policy was inadequate.
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